Effective August 2014, this policy has been revised. For individual changes, see the redlined version.
The policies in this chapter apply to the purchase of goods and services from all sources of funds administered by the University.
11.2 AUTHORITY FOR PROCUREMENT.
The Purchasing Department administers the procurement of goods and services for all University departments by the authority delegated through the President by the Board of Regents, State of Iowa. The Director of Purchasing is vested with authority to obligate the University, while ensuring adherence to the statutes and administrative rules of the State of Iowa and to the policies and procedures of the Board of Regents, State of Iowa, and the University.
11.3 RESPONSIBILITY AND OBJECTIVES.
The function of the Purchasing Office is the organization and administration of centralized purchasing services for all departments of the University. In providing these services and in accordance with sound business practices, the office seeks to realize for the University the maximum value for every dollar expended.
To achieve this goal, the Purchasing Office has been charged by the President of the University and the Board of Regents, State of Iowa, with responsibility for the following:
b. Maintaining liaison with the vendors that provide goods and services to the University.
c. Coordinating the procurement of goods and services for the academic, administrative, and research departments of the University.
d. Developing sources of supply to assure that the University departments have an adequate number of vendors from which to obtain supplies, equipment, and services.
e. The Purchasing Department follows the Code of Ethics of the National Association of Educational Procurement (NAEP), the professional association serving the purchasing/materials management professionals who support higher education and not-for-profit health care organizations.
11.5 COMPETITIVE BIDDING.
The state Code of Iowa, federal law, and the Board of Regents, State of Iowa, mandate competitive bidding for the purchase of all University goods and services greater than $25,000 in value.
Certain purchases involve terms or conditions that require legal or Business Manager review. These include acquisitions of copyright, transportation services, purchases involving a written contract with provisions requiring indemnification, insurance, or involving acceptance of liability risks by the University, installment purchases, lease purchases, or equipment with a unit cost greater than $250,000 or a total purchase cost of $500,000 and greater. Typically, contracts involving such terms or conditions are forwarded by the Purchasing Department to the University Business Manager and/or to the General Counsel's Office for review, as appropriate.
Regents were made exempt from this law.
The two most effective formal methods of competitive bidding are the Request for Quotation (RFQ) and the Request for Proposal (RFP). These methods provide:
The Purchasing Agent routinely obtains several quotes, seeking the best price available. Purchasing Agents, in concert with the end users, develop specifications and send the RFQs to potential vendors. Vendors may then reply with a bid showing exact price, shipping costs, delivery schedule, payment terms, and other particulars of the items sought.
Purchasing makes the award to the vendor who submits the lowest priced offer whose goods meet or exceed the specifications stated in the RFQ. There is no discounting or manipulation of prices for products that exceed the specifications.
Contact the Purchasing Agent if you have any questions or concerns about a bid, a chosen vendor, or a low-bid product or service. (See Purchasing Policies and Procedures Guide, Appendix E, for a listing of Purchasing Department staff.)
c. Request for Proposal (RFP). The Request for Proposal (RFP) is used for acquisitions based on other significant factors in addition to price. Examples include capabilities, past performance, support, service, warranty and maintenance. It is difficult, if not impossible, to always place an exact dollar figure on the value of these characteristics and services.
The University uses a statistical assessment method as the standard for making awards based on many factors. The preparation of an RFP is an involved process, often taking weeks or months to generate a precise evaluation. Requesters should plan for this type of acquisition well in advance. The purchasing agent shall award the contract to the vendor whose proposal is in the best interest of the University.
d. Negotiations. With appropriate institutional review, both competitive negotiation and noncompetitive negotiation processes may replace written competitive bidding when the purchase is anticipated to exceed $25,000. The use of negotiated, noncompetitive, and sole-source purchasing procedures must be justified.
Bids requiring security shall be accompanied by and secured only by a cash deposit, cashier's check, certified check, or a bid bond in an amount of 5 percent of the bid. Bids accompanied and secured by any other form of bid security shall automatically be disqualified.
Certified checks and cashier's checks shall be made payable to The University of Iowa. Bid security shall be agreed upon as the measure of liquidated damages which owner will sustain by failure, neglect, or refusal of bidder to honor their offer and accept an award in accord with the contract documents.
Bid security, if in the form of a cash deposit, cashier's check, or certified check, will be returned within 48 hours after the contract has been executed.
11.7 RELEASE OF BID INFORMATION.
The names of the bidders and the amounts bid shall be supplied to any person upon request after the opening of the bids and as soon as the evaluation of the bids is completed and the award is made. Information will not be released in situations in which the release would provide a competitive advantage to any of the bidders.
11.8 WITHDRAWAL OF BIDS.
Bids may be withdrawn prior to the time set for receipt of bids. Bids may not be withdrawn after that time, except as noted herein, without penalty. (For capital projects, see the Regents Policy Manual, Chapter 9.) Only in the event of an obvious and documented error where it would be a manifest injustice to require the vendor to perform, can a vendor withdraw a bid after the time set for receipt of bids. Such withdrawal of bids can be done only upon the recommendation of the institution under procedures approved by the executive director (RPG 8.04C).
11.9 WAIVER OF BID REQUIREMENTS.
The Purchasing Department has sole discretion to waive competitive bidding requirements in certain situations, including but not limited to:
b. Emergency need. Life will be endangered, property will be destroyed, or considerable cost will be incurred because of events beyond the control of the department if the procurement is not completed without delay.
c. Sole source. There is only one person or firm that can provide the requirement. No other known person or firm is available with an equivalent service or supply. Departments must complete a sole source justification form (see www.uiowa.edu/~eforms) and receive approval from Purchasing prior to commencing the purchase process.
In order to justify a sole source purchase, one or more the following criteria must be substantiated in support of the justification:
(2) Compatibility for instructional purposes. This justification may be used if the goods are being purchased to supplement existing equipment in a classroom. The goods must match the existing equipment and is being purchased to provide uniformity for instructional purposes.
(3) Compatibility for research. This justification may be used if the main purpose for acquiring equipment or supplies is to replicate specific experiments, using the exact goods that produced the original results. You may also use this justification if you are collaborating with another researcher and can show that identical goods are required to fulfill your part of the research grant or contract.
(4) Only one supplier can be identified to supply compliant goods or services. In limited cases, only one supplier may exist to provide particular goods or services. When providing a justification based on the availability of one supplier, the goods or services must be defined in generic terms. Specifying patented products or processes, when not necessary to meet functional requirements, is not acceptable as a sole source justification. Justifications can be accepted more readily by providing information regarding attempts to locate other suppliers, such as letters, informal quotations, or telephone contacts.
(2) Bids have been solicited and no responsive bid (conforming to the central requirements of the solicitation) has been received.
(2) Selection of a provider. Professional service agreements for greater than $25,000 must be selected through a competitive Request for Proposal (RFP) process unless the service is a sole source purchase that is appropriately documented. The $25,000 threshold is not based on a one-time cost, but rather on a cumulative cost for ongoing services under the terms of the project engagement. Professional service agreements, which are less than $25,000 over the course of service, may be entered into without using the required competitive bidding process. Total payment to a professional services provider for services provided to any one University department may not exceed $25,000 in a fiscal year, unless subject to competitive bidding or review and approval by the institutional purchasing department. Selection of a professional service provider shall be based on a variety of criteria including, but not limited to, demonstrated competence, knowledge, references, and unique qualifications to perform the services, in addition to offering a fair and reasonable price that is consistent with current market conditions. Additional criteria may be used as appropriate to the circumstances.
(3) Provider accountability. Work requirements should clearly define all performance objectives, work expectations, and project milestones, and hold the contractor accountable for successful completion of the resultant agreement. Requirements may include, but not be limited to, reports, training sessions, assessments, evaluations, or other tangible services.
(4) Provisions of professional service agreements. The following terms and conditions must be addressed:
(b) Period of performance. The resultant agreement must specify a start date and a completion date. While there may be exceptions, in most circumstances an end date to the agreement will be required. If an end date cannot be determined, a maximum time limit or maximum number of hours must be stated. Agreements with organizations are typically written for a specific term of successive years. In some instances, these agreements are annually renewable. Other provisions of an agreement may include a renewal clause beyond the original term of the agreement. Extended term agreements for individuals are discouraged.
(c) Compensation and payment. Compensation and payment terms include elements relating to cost and payment, such as maximum cost (i.e., not to exceed cost), cost per deliverable, hourly rates for individuals providing services, number of hours required, allowable expenses and total authorized-for expenses, and payment and invoicing procedures. Compensation and payment terms should also include a statement as to whether the Regent institution will pay expenses incurred by the contractor and, if so, which ones. Such expenses may include, but not be limited to, airfare (economy or coach class), lodging and subsistence necessary during periods of required travel, expenses incurred during travel for telephone, copying and postage, and private vehicle mileage. If other types of expenses are allowed, they must be clearly defined.
(d) Performance monitoring. The institution shall monitor the compliance with the terms and conditions of the agreement and applicable laws and regulations.
(e) Provision of liability. The provider may be required to show proof of insurance coverage and workers compensation in compliance with statutory requirements, in the form specified by the institution.
Department heads or designees may authorize payment of moving expenses for new faculty and staff members from available departmental funds if these funds have been prioritized for such use. Eligibility and requirements follow:
(ii) Persons expected to be employed full-time and on a continuing basis.
Requests for eligibility exceptions should be directed to the University Business Manager prior to committing to reimburse moving expenses to the prospective employee.
(B) Incoming faculty and staff may utilize other moving companies only after consultation with the University Business Manager in order to review the current moving company contracts.
(b) Storage charges are not reimbursable.
(c) Local moves for current employees are ineligible. For "local move" definition, see the travel policy at www.uiowa.edu/purchasing/travel/docs/Travel_Manual.pdf.
(d) Inquiries regarding questionable items should be directed to the University Business Manager prior to arranging the move.
(e) This policy does not apply to the moving of laboratory and/or office equipment moving. Contact the University Purchasing Department for these policies and procedures.
c. Other special purchases. For information on the following, see the Regents Policy Manual, Chapter 7.06:
11.12 DELEGATION OF PURCHASING AUTHORITY.
The Director of Purchasing, with the approval of the Senior Vice President for Finance and Operations or the University Business Manager, may delegate purchasing authority to employees who have satisfactorily completed training and who have demonstrated competence and prior compliance with purchasing requirements. The degree and nature of such delegation will be specific for each such delegation and will be stated in writing by the Director of Purchasing. A delegation is subject to being rescinded at any time.
11.13 MASTER LEASE.
Purchases of equipment that are to be financed on a lease-purchase or similar basis shall be forwarded to the Business Manager's Office for review and shall contain a summary setting forth the financing cost for comparison with the terms offered for equipment financing under the Regents' master lease agreement.
11.14 CONFLICT OF INTEREST.
(Amended Regents 3/30/11)
It is the policy of The University of Iowa to comply with state and federal law regarding purchases from "conflict of interest vendors" or "employees." A conflict of interest exists when there is a divergence between an employee's personal interests and his or her professional obligations to the University as an employee. Employees conducting business on behalf of the University have a responsibility to do so in a manner that is objective and ethical. The goal of all such business dealings must be to benefit the University. The university is committed to complying with applicable procurement laws and regulations, including requirements that apply to conflicts of interest, as provided by the following:
b. Regents Policy Manual 7.08I
(b) an employee of another state of Iowa agency (Iowa Department of Transportation, Department of Administrative Services, Department of Human Services, Iowa Department of Personnel, etc.)
(b) any corporation in which any of the above referenced persons holds five percent or more stock either directly or indirectly.
(2) Except as part of official state duties, an official, a state employee, a member of the general assembly, or a legislative employee shall not sell, in any one occurrence, any goods or services having a value in excess of two thousand dollars to any state agency unless the sale is made pursuant to an award or contract let after public notice and competitive bidding. Employees with private sector employment who sells a good or service to a state agency in the excess of $2,000 after public notice and bid, is required to file a Iowa Ethics and Campaign Disclosure Form within twenty days of making the sale, the total amount of the sale, and the type of goods or services being sold. See Iowa Code 68B.3, "Sales to Agencies."
(3) Vendors must be reviewed and approved by the Director of Purchasing when there is a disclosure or indication of a conflict of interest.
(4) Services of faculty or staff other than those in established businesses providing such services as outside contractors, unless approved in the budget or in advance by the Senior Vice President for Finance and Operations, are approved only after the purchasing department has determined the services are either uniquely exclusive or otherwise beneficial to the University in comparison to other available sources of the required services.
(5) University faculty or staff members cannot be interested, directly or indirectly, in any contract to furnish material of any kind to or for the University. In addition, participation in direct sales (pyramiding) ventures is considered a direct or indirect interest in a contract and is encompassed by this policy. Based on special approvals, faculty or staff members may be reimbursed for out-of-pocket expenditures on presentation of approved vouchers with receipts or other acceptable evidence of actual amounts paid for items purchased for University use.
(6) Faculty or staff members who would benefit personally from the supplying of goods or services to the University by any prospective supplier may not participate in the decision process leading to the choice of supplier. Specifically, faculty or staff members who have or who reasonably anticipate having either an ownership interest in, a significant executive position in, or a consulting or other remunerative relationship with a prospective supplier may not participate in the recommendation of, drafting specifications for, or the decision to purchase the goods or services involved. Faculty or staff members who know that a member of their family (or any other person with whom they have a personal or financial relationship) has an ownership interest or significant executive position in a prospective supplier are also disqualified from participating in the purchasing of the goods and services. However, faculty or staff members whose sole ownership interest in a potential supplier is held by a fiduciary (such as TIAA-CREF, a blind trust, or a mutual fund) that has the power to acquire or dispose of the interest without consultation with the faculty or staff member are not disqualified from participation in the purchase decision.
When a faculty or staff member is disqualified from participating in a procurement decision, the fact of the disqualification and the reason for it must be reported to others involved in the decision. If necessary, a substitute may take the faculty or staff member's place under procedures established by the Senior Vice President for Finance and Operations. Consult the Purchasing Policies and Procedures Guide for details.
(7) Federal Guidelines In addition to the conflict of interest policy provisions stated above, Office of Management and Budget (OMB) Circular A-110, Procurement Standards, section 42, "Codes of Conduct," imposes additional requirements on federally funded acquisitions concerning conflict of interest situations. It states: "No employee, officer, or agent shall participate in the selection, award, or administration of a contract sponsored by federal funds if a real or apparent conflict of interest would be involved. Such a conflict would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization that employs or is about to employ any of the parties indicated herein, has a financial or other interest in the firm selected for an award. The officers, employees, and agents of the recipient shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subagreements."
(Amended 6/05; 8/14)
Departmental requests for equipment, goods, and services are made on the University purchase requisition form. When preparing a requisition for an outside vendor, sign in to the Employee Self Service page; under FO Applications click on E-Pro (Evouchers & PReqs). For step-by-step instructions for completing a requisition, see the online tutorial Purchase Requisitions Training (pdf). Complete instructions and procedures for preparation and submission are found in the Purchasing Policies and Procedures Guide.
(2) Requisitions for "advanced" and "expedited" orders, referred to as "confirming orders," enable staff members to make contingency and emergency purchases. Complete procedures are found in the Purchasing Policies and Procedures Guide.
Purchase orders are created and issued from requisitions initiated by departments. Two individuals must approve all requisitions. The first approval shall be that of the individual requesting/initiating a purchase, and the second approval shall be that of a departmental executive officer, designated subordinate, dean of the college, or other chief administrative officer.
(2) The other non-purchase order alternative is the procurement credit card.
Requisitions for supplies or services from campus sources are sent directly to the supplying departments, such as Printing Services, ITS, Medical Electronics, Medical Instrument Shop, Facilities Management, Facilities Management-Maintenance Stores, Chemistry Stores, Pharmacy Service, Photographic Service, Graphics Unit, and Audio Visual Center. All service requisitions initiated through Workflow require two signatures: an initiator and an approver. Contact each service department directly for further information.
11.19 NON-P.O. VOUCHERS AND PROCUREMENT CARDS.
Departments hold responsibility for oversight of non-P.O. vouchers and invoice forms and procurement cards subject to compliance with the requirements of V-11.19-20 and competitive bidding principles embodying a duty to secure goods and services of the best quality and price.
11.20 PROCUREMENT CREDIT CARD.
(Amended 11/09; 8/14)
A procurement credit card is available to departments to obtain low-cost, non-equipment items. Procurement card limits are established based upon cardholder need. Single transaction limits may be requested up to $5,000 and monthly limits may be requested up to $10,000. Justification is required for monthly limit requests above $10,000. Departments may have as many cards as required to reasonably meet such procurement needs. With this authority, the department assumes the responsibility to comply with all state, Regent, and University policies governing procurement operations. See the Procurement Card Manual for detailed procurement credit card procedures.
11.21 VOUCHER REPORTS AND INVOICE.
Once an invoice is entered and a voucher created, an e-mail is generated to the requestor, stating that a voucher has been created and requires the department's review. Departments must verify receipt of the item, note the receipt date, and maintain the documentation of receipt within the department. In the event of discrepancies, such as overpricing by a vendor for previously bid or quoted items, sales tax, or freight charges billed in error, Accounts Payable will process the invoice noting this "short pay" action and, when necessary, will review with Purchasing and/or the department. Voucher payments are automatically scheduled within the vendor's payment terms -- the earliest of the discount due date or scheduled due date. Vouchers for "Capital Equipment greater than or equal to $10,000" require an electronic receipt to be entered once the items have been received. Once the receipt has been entered, the voucher will be scheduled for payment.
b. Important approval and return procedures. Complete procedures are spelled out in the Purchasing and Accounts Payable Requester's Guide and the Accounts Payable Policies. Highlights are listed below:
(2) Appropriate department review and/or approval are certification that goods received are as ordered, and charges are accepted.
(3) Errors, damage in transit, or other problems with orders should be reported promptly to the vendor and Purchasing/Accounts Payable. Purchasing/Accounts Payable will work with the vendor, shipper, and the department to verify damage and initiate any actions necessary to rectify the situation.
(4) Freight and express charges are normally charged to the MFK shown on the purchase order.
b. Personal items such as desk pen sets, etc., except where necessary by reason of public use.
c. Luxury items -- items in which a more elaborate design or appointment has no practical advantage over a less elaborate and more economical item.
d. Printing-related equipment, which unnecessarily duplicates or replaces services provided by University service units. The Printing Department Manager, who shall conduct a need determination and, if necessary, develop equipment specifications on which prospective vendors may base quotations, must approve requests for purchase. Printing-related equipment includes presses, photocopiers, typesetting devices, photomechanical transfer machines, and other graphic arts equipment in use by University service departments, or which performs a service or creates a product already provided on the campus.
e. Motor vehicles, except replacements or those specifically approved by the Business Manager.
f. Entertainment -- see V-11.25 below.
g. Personalized items of printing such as letterheads, note pads, memorandum sheets, etc. However, University business cards may be purchased from the University's Printing Department upon requisition by which the ordering department signifies approval of personalized cards for persons whose duties require them to represent the University in business and professional matters.
h. Printing and printing-related work, including photocopying. See VI-21 Printing Department.
11.23 TECHNOLOGY ALLOWANCE POLICY.
(5/03; 8/1/07; 10/1/07; 3/08)
Departments and colleges may establish policies that are more restrictive, in terms of eligibility and compensation amount, than this University-wide policy.
b. Acquisition of communication devices and remote Internet. The University will no longer reimburse employees for ongoing business expenses related to communication devices (cell phones or PDAs with cellular capability, such as Blackberry or Treo) or remote Internet service, except for those circumstances noted under paragraph e ("Special situations") below. Instead, University employees who meet the eligibility requirements for business use will be given a predetermined amount of supplemental compensation to cover the approximate monthly cost of a cell phone or cellular PDA, and/or remote Internet service.
For those who qualify, this policy authorizes the monthly payment of supplemental, taxable compensation as follows: a monthly allowance that is based on the approximate proportion of the service that is used for business purposes, not to exceed the actual monthly service cost incurred by the employee for the communication device or remote Internet service. At the discretion of the employee's departmental administrator, the amount of supplemental compensation can be "grossed up" to negate the additional taxes that will be withheld on the supplemental compensation. To simplify this calculation, the implied tax rate will be 35 percent. The calculation to determine the monthly supplemental compensation is as follows:
Calculation of monthly supplemental compensation:
$50 x 50% = $25
$25 / (100% - 35%) = $25 / 65% = $38.46
Specifically, faculty and P&S employees are eligible to receive supplemental, taxable compensation if they meet all of the following criteria:
(2) the employee's job requires him or her to be readily accessible for frequent contact or critical contact with the public or with University administrators, faculty, staff, or students; and
(3) the requirement for accessibility extends to time away from campus (at home or traveling), involves on-call responsibilities, or the employee's job limits his or her access to regular land-line telephones or Internet access that would satisfy the required business communication needs; and
(4) a strong business case can be made that supports the University incurring the cost of the service.
e. Special situations.
(2) Pagers. Some departments currently use pagers for their communication needs. Since the cost of pagers is very nominal and because potential personal use does not pose a financial risk to the University, it is recommended that departments pay for pagers directly, therefore eliminating the reimbursement of these expenses.
(3) Exceptions. Employees who do not qualify for the supplemental compensation may submit an expense reimbursement request for occasional, incremental business expenses. Incremental business expenses are those calls that result in additional costs that are above and beyond the employee's normal calling plan (e.g., excess minutes, roaming charges).
When requesting reimbursement, the telecommunication expenses incurred by employees must be additional (incremental) costs and must be substantiated and documented with a copy of the bill in accordance with University policy and with applicable federal and state laws and regulations.
An example of a bona fide policy exception would be occasions where employees are traveling for University business and make calls to home or work that involve roaming charges. The University may reimburse those employees for their additional out-of-pocket roaming charges.
(4) International expenses. For employees who receive supplemental compensation, this policy allows for reimbursement of incremental expenses incurred when international travel is involved for official business calls and data transfer.
See Purchasing Policies and Procedures Guide, Appendix B, "Protocol for Obtaining Equipment on a Trial Basis."
For additional information and procedures, see the Purchasing Policies and Procedures Guide.
11.25 FOOD, BEVERAGE, FLOWERS, GIFTS, AND SIMILAR INCIDENTAL EXPENSES.
(6/04; 7/1/06; 12/13/06)
Note: All rates are exclusive of taxes and tips.
(3) Process for exceptions to exceed allowable business meal maximum amounts. Occasionally, the cost of providing meals or refreshments exceeds the maximum allowable meal amounts listed above. In these cases, the request for payment or reimbursement must be approved by the dean, department head, or budget officer, and will be routed by Accounts Payable for approval by the Executive Vice President and Provost, or the Senior Vice President and Treasurer, or their designees.
(4) Business meals while in travel status. When an employee is on travel status and the primary purpose of a meal is to conduct University business with individuals not employed by the University, the names and business affiliations of the participants, as well as the business purpose of the meeting, must be provided. The meal charges are subject to the limitations listed in this policy, and an itemized receipt of the charges must be submitted with the travel reimbursement form. The per diem allowance for the traveler must be reduced by the appropriate meal allowance in lieu of the business meal provided. Travel reimbursement is subject to the guidelines in V-22 Travel Regulations.
(5) Recognition events. Reimbursement for recognition events is contingent upon the department having an approved "Rewards and Recognition" plan on file in the department.
d. For further guidance on interpretation of this policy, please refer to the question and answer document at www.uiowa.edu/purchasing/ap/docs/OpsManualV 11 25Guidance v11 011007.pdf.
The Purchasing Department handles convenience copier acquisitions and record keeping for all University Departments.